Compensatory Remedies in UK Law
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A Proposal for a More Responsive Approach to the Regulation of Corporate Governance
... ... Practices Commission to be given access to a broader range of remedies to seek compliance with the Trade Practices Act 1974 (Cth). See ... This is the increasingly widespread use of compensatory remedies as mechanisms for the regulation of corporate governance. These ... ...
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English Contract Law and the Efficient Breach Theory
The ‘efficient breach’ theory holds that remedial orders, namely specific performance, compensatory damages and restitutionary damages for wrongs, should be designed in such a way as to maximize th...... ... holds that remedial orders, namely speci c performance, compensatory damages and restitut ionary damages for wrongs, should be de signed in ... s in adopting the EBT a nd justify t he existing scheme of remedies for breach of contract in t he English contract l aw on (non e ... ...
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The European Court of Human Rights supervising the execution of its judgments
The European Convention on Human Rights (‘Convention’) provides that the Committee of Ministers shall supervise the execution of the European Court of Human Rights’ (‘Court’) judgments. This articl...... ... 119 The Court, therefore, assesses compensatory remedies, which ‘provide for damages to persons 110. Isayeva v Russia ... ...
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Profits from Wrongdoing: Private and Public Law Perspectives
... ... in line with the recent tendency to challenge the traditional compensatory remedy for breach of contract. Challenges to the traditional view The ... enrichment 8 and to extend the circumstances when restitutionary remedies are available. 9 Second, they reflect the development of restitutionary ... ...
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Remedies for breaches of prisoners’ rights in the European Prison Rules
This article looks into the architecture of remedies for breaches of the right of prisoners not to be subjected to inadequate conditions of detention under the revised 2020 European Prison Rules (E...... ... of imprisonment and conditions of life in prison, the Court differentiates betweentwo types of remedies under Art 13: preventive and compensatory. Preventive remedy aims at thecessation of the impugned situation and, to be effective, it must be capable of rapidly bringing theongoing violation ... ...
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At last! Reaching the remedy for delay after a long ride through the EU judicial system
... ... were actually breached, the CJEU addressed the question of remedies. In part, it upheld what was already known from Baustahlge- webe , namely ... , the ECtHR has a preference for preventive as opposed to compensatory remedies, although both are capable of being effective in principle. 46 ... ...
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Remedies for Breach of Trust
The decision of the Supreme Court in AIB Group (UK) Plc v Mark Redler & Co confirms the approach taken by Lord Browne‐Wilkinson in Target Holdings Ltd v Redferns: where a trustee misapplies trust a...... ... Such a compensatory approach was foreshadowed in Target ... However, Target was often thought not to be conclusive in this regard; Lord Browne-Wilkinson’s reasoning ... ...
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Assessing the Role of the Courts in Enhancing Access to Environmental Justice in Oil Pollution Matters in Nigeria
... ... UNEP refers to it as judicial and administrative remedies and procedures available to a person aggrieved or likely to be aggrieved ... , nuisance, 82 restitution, negligence, 83 declaration and compensatory remedies. 84 Following the above points, courts have shown in a plethora ... ...
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Missing Reliance
Book reviewed in this article: Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution... ... undertaken and should therefore be reluctant to invoke non-compensatory remedies ... In contrast, where the liability is purely imposed, as in ... ...
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It's about Time — for a New Regulatory Approach to Equality
... ... anti-discrimination laws generally provide only for compensatory remedies ... for the victims who can prove that an ... ...
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